5 Common Workplace Scenarios | Employment Law Show TV – S3 E25

Episode Summary

5 COMMON WORKPLACE SCENARIOS, look at what happens when an employer transfers many of your duties to another employee, and more on Season 3 Episode 25 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Severance pay for part-time employees

Are part-time employees owed severance pay?

Lior talks about a recent case involving an employer who doesn’t pay severance to employees they let go.

Segment starts at 1:40

CALL: Severance pay for technical worker

My 41-year-old friend was let go from her technical job after 6 years on the job, due to poor economic conditions. She was given 5 weeks’ working notice and 2 weeks of severance pay. She was never paid any holiday pay while working there. Is she legally entitled to holiday pay and more severance?

Segment starts at 3:39

CALL: Non-compete clauses

I’ve been given a job offer by a company for a technical sales position. The non-compete clause they put in the employment contract says I can’t work for 2 years and within 100 km of their competition. Is a non-compete clause enforceable?

Segment starts at 6:56

Common Workplace Scenarious (And How You Should React)

1️⃣ Your boss says they had a legitimate reason to let you go from your job, therefore they don’t owe you any severance pay

Segment starts at 10:01

2️⃣ Your employer tells you that they’re transferring many of your duties to a new employee, because they’re younger and have a fresh outlook

Segment starts at 11:51

3️⃣ You’re ready to return from a disability leave with modified duties, but your boss says that it’s time to find a new job elsewhere

Segment starts at 12:07

4️⃣ Your employer puts you on a performance improvement plan that will be impossible to satisfy

Segment starts at 13:19

5️⃣ Your boss wants you to sign a new employment contract, and threatens to penalize you if you don’t

Segment starts at 14:41

Severance Pay Calculator

The Severance Pay Calculator and why over 500,000 Canadians have used it to discover their rights, when a wrongful dismissal scenario is at play.

Segment starts at 17:29

Severance Pay Calculator example

The Severance Pay Calculator example scenario: 59-year-old Patricia was a senior executive at a large manufacturing company, earning $140,000 plus bonus. After the company was bought by new owners, she and other senior staff were quickly dumped. Her severance package was for 14 months’ pay. Is that fair for somebody with 31 years of service?

Segment starts at 18:54

CALL: Employee rights when a company is sold

My employer was bought by another company. They closed our office and moved us to a new location. My one-way commute went from 20 minutes to 1 hour and 15 minutes. Do they need to compensate me for the additional commute time or is this considered a dismissal?

Segment starts at 21:23

CALL: Severance pay forolder employee

I’m 71 years old and have worked at a retail store for six-and-a-half years. They’re closing the store, and have offered me 11 weeks’ pay in severance. Am I owed more severance pay?

Segment starts at 24:22

Employee rights while on maternity leave

I just told my boss that I will be taking maternity leave in a few months. They said they’ll try to hold my job for me but couldn’t make any promises. What are my rights?

Segment starts at 26:06

Let go while on a sick leave

I fell ill during my 6-month probationary period. Can I be let go while on a sick leave?

Segment starts at 27:35

Next Episode: Employment Law Show S3 E26 – Working Notice of Termination

Previous Episode: Employment Law Show S3 E24 – What You Need to Know About Forced Resignations